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Social and Behavioral Sciences Commons

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Brigham Young University

Brigham Young University Prelaw Review

Immigration

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Articles 1 - 3 of 3

Full-Text Articles in Social and Behavioral Sciences

Revisiting Refugee Caps: A Legislative Proposal For Executive-Congressional Compromise, Jason Gardiner, Tyler Day May 2018

Revisiting Refugee Caps: A Legislative Proposal For Executive-Congressional Compromise, Jason Gardiner, Tyler Day

Brigham Young University Prelaw Review

The current system for setting the annual refugee admissions cap calls for consultation between the president and Congress; however, that consultation is not happening to the extent prescribed by the Refugee Act of 1980, an amendment to the Immigration and Nationality Act (the INA). We propose that the INA be modified such that the Committees on the Judiciary in the Senate and the House of Representatives must approve the president's proposed refugee cap by a two-thirds majority. Given the steadily worsening refugee crisis, this legislation is both timely and important. Our proposal will foster compromises between the executive and legislative …


Child Prisoners: Asylum-Seeking Detainees In The U.S. And The Violation Of The Flores Settlement Agreement, Miriam L B Sweeney Apr 2017

Child Prisoners: Asylum-Seeking Detainees In The U.S. And The Violation Of The Flores Settlement Agreement, Miriam L B Sweeney

Brigham Young University Prelaw Review

The Flores Settlement Agreement allows for asylum-seeking minors to be released from detention if the minors are in unsafe circumstances. Children are experiencing physical and mental harm in asylum-seekers’ detention. This harm constitutes a lack of safety. Therefore, the current conditions of detention for asylum-seekers violate the Flores Settlement Agreement.


The Battle Of Birthright Citizenship, Joshua White Apr 2017

The Battle Of Birthright Citizenship, Joshua White

Brigham Young University Prelaw Review

This article examines the legal case behind denying birthright citizenship to the children of illegal aliens born on U.S. territory and thereby correcting the present interpretation of the Citizenship Clause. Currently, children of illegal aliens born on U.S. territory are automatically granted citizenship jus soli. This removes the sovereignty of the American citizen by supplanting the citizen with an illegal alien in determining who can become citizens of the United States. To resolve this problem, Congress must enact legislation specifically restricting birthright citizenship from children of illegal aliens. While other articles focus on the morality of accepting refugees or illegal …